DANCEST 805 Lecture Notes - Lecture 5: Freedom Of Contract, Pacta Sunt Servanda, Positive Law
Document Summary
Hugo grotius is considered the founder of the modern doctrine of natural law, which was freed by the. Natural law: innate to human beings, regardless religion. Nature and men both rational, factor which distinguish the latter from the animals. Then men are social animals (aristotle), which determine the natural inclination to live together. Natural law is a product of rationality and appetitus socialis. The principles of natural law are moral-legal and are such just because they are spontaneously recognized as timeless and universal (pacta sunt servanda an example). Positive law is not to be considered since is mutable. the final goal is a systematization. Further developments were brought about by his german and french successors. Leibniz: the best expression of natural law was roman law, unless it deviates from the standards of reasonableness. Moreover its structure is not valid, since was made up historically.
